With the complexity of workplace law and issues, employers are subject to an increasing number of workplace obligations. When a workplace incident arises it’s often required, or at least advisable, that an employer conduct a prompt and thorough investigation.
In this and subsequent posts, we will review some key legal issues that arise in conducting or directing a workplace investigation, including privacy, confidentiality, and the issue of legal privilege.
We will also discuss who should conduct the investigation, including when to use counsel, and when investigating counsel should be different than an employer’s usual employment counsel.
Finally, we’ll discuss some … Continue Reading
On October 10, 2012, a jury awarded a former Wal-Mart employee over $1.4 million dollars in damages. The jury found that the employee was constructively dismissed due to an abusive work environment at the Windsor Wal-Mart store. This is the largest such award in Canadian history and, as expected, will be appealed by Wal-Mart.
Summary of the Claim
Although the case is not publicly available, we can glean some facts from media reports and the Statement of Claim.
Meredith Boucher was an assistant manager at a Wal-Mart in Windsor, Ontario with nine years service. She alleged abuse by the store … Continue Reading
Employment in Canada is not “at will”. But is at will employment really all it’s cracked up to be? Does it make the United States a friendlier place for employers?
We don’t think so and we are happy to engage Jeff Polsky in the discussion.
Jeff started this on the California Employment Law blog with a post, Like a Whole Different Country, suggesting that being an employer without at will employment was too scary to contemplate. Well, the fact is that employers in Canada are doing just fine, thank you very much, having traded the lottery of at will … Continue Reading